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Terms of Service

ZUORA COMMUNITY TERMS OF USE

Updated 3/2018

The Zuora Community is an online platform that provides a peer-to-peer support channel for Zuora users to cultivate positive online exchanges with other Zuora customers by helping to answer questions and generate solutions to Zuora-related issues ("Zuora Community").

ZUORA, INC. AND/OR ITS AFFILIATES ("ZUORA") IS WILLING TO GRANT YOU ACCESS AND USE RIGHT TO THE ZUORA COMMUNITY TO YOU AS THE INDIVIDUAL, THE COMPANY, OR THE LEGAL ENTITY THAT WILL BE ACCESSING AND USING THE ZUORA COMMUNITY ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS ZUORA COMMUNITY TERMS OF USE ("TERMS OF USE"). PLEASE NOTE THAT YOUR ACCESS OF THE ZUORA COMMUNITY CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO THE TERMS OF USE. IF YOU (THE "USER") DO NOT AGREE TO THEM, DO NOT ACCESS OR USE THE ZUORA COMMUNITY, PROVIDE ANY MATERIALS TO THE ZUORA COMMUNITY OR DOWNLOAD ANY MATERIALS FROM THEM. ZUORA RESERVES THE RIGHT TO UPDATE OR MODIFY THE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE TO USER. YOUR ACCESS TO THE ZUORA COMMUNITY FOLLOWING ANY SUCH CHANGE CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS CHANGED. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE TERMS OF USE WHENEVER YOU USE THE ZUORA COMMUNITY.

The Terms Use applies to the access of the Zuora Community and do not extend to any linked third-party sites. Any rights not expressly granted herein are reserved.

1. Permitted and Prohibited Uses

1.1. You may use and access the Zuora Community for the sole purpose of sharing and exchanging ideas with other Users. 1.2. You may not use the Zuora Community to violate any applicable local, state, national, or international law, including without limitation any applicable laws relating to data protection and privacy, antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data. 1.3. You may not upload or transmit any material that infringes or misappropriates any third-party's copyright, patent, trademark, or trade secret, or disclose via the Zuora Community any information the disclosure of which would constitute a violation of any confidentiality obligations You may have. 1.4. You may not upload any viruses, worms, Trojan horses, or other forms of harmful computer code, nor subject the Zuora Community's network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the Zuora Community. 1.5. You are strictly prohibited from communicating on or through the Zuora Community any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. 1.6. You are expressly prohibited from compiling and using other Users' personal information, including addresses, telephone numbers, fax numbers, email addresses or other contact information that may appear on the Zuora Community, for the purpose of creating or compiling marketing and/or mailing lists and from sending other Users unsolicited marketing materials, whether by facsimile, email, or other technological means. 1.7. You also are expressly prohibited from distributing Users' personal information to third parties for marketing purposes. Zuora shall deem the compiling of marketing and mailing lists using Users' personal information, the sending of unsolicited marketing materials to Users, or the distribution of Users' personal information to third parties for marketing purposes as a material breach of the Terms of Use, and Zuora reserves the right to terminate or suspend Your access to and use of the Zuora Community and to suspend or revoke Your membership in the consortium. 1.8. Zuora notes that unauthorized use of Users' personal information in connection with unsolicited marketing correspondence also may constitute violations of various state and federal anti-spam statutes. Zuora reserves the right to report the abuse of Users' personal information to the appropriate law enforcement and government authorities, and Zuora will fully cooperate with any authorities investigating violations of these laws.

2. User Submissions

2.1. Zuora does not want to receive confidential or proprietary information from You through the Zuora Community. Any material, information, or other communication You transmit or post ("Contributions") to the Zuora Community will be considered non-confidential. 2.2. Zuora does not claim ownership of Your Content. Your Content remains Your Content and You are responsible for it. When You share Your content with other people, You understand that they may be able to use, save, record, reproduce, transmit, display Your Content without compensating You. If You do not want others to have that ability, do not use the Services to share Your Content. 2.3. If You work for a company or at a University, it's likely that You're not the copyright holder of anything You make, even in Your free time. Before making contributions to this site, get written permission from Your employer.

3. User Discussion Lists and Forums

3.1. Zuora may, but is not obligated to, monitor or review any areas on the Zuora Community where users transmit or post communications or communicate solely with each other, including but not limited to user forums and email lists, and the content of any such communications. Zuora, however, will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Zuora may edit or remove content in the Zuora Community at their discretion at any time.

4. Use of Personally Identifiable Information

4.1. Information submitted to the Zuora Community is governed according to Zuora's current Privacy Policy and the stated license of this website. 4.2. You agree to provide true, accurate, current, and complete information when registering with the Zuora Community. It is Your responsibility to maintain and promptly update this account information to keep it true, accurate, current, and complete. If You provide any information that is fraudulent, untrue, inaccurate, incomplete, or not current, or we have reasonable grounds to suspect that such information is fraudulent, untrue, inaccurate, incomplete, or not current, we reserve the right to suspend or terminate Your account without notice and to refuse any and all current and future use of the Zuora Community. 4.3. Although sections of the Zuora Community may be viewed simply by visiting the Zuora Community, in order to access some Content and/or additional features offered at the Zuora Community, You may need to sign on as a guest or register as a member. If You create an account on the Zuora Community, You may be asked to supply Your name, address, a User ID and password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur in connection with Your password or account. You agree to immediately notify us of any unauthorized use of either Your password or account or any other breach of security. You further agree that You will not permit others, including those whose accounts have been terminated, to access the Zuora Community using Your account or User ID. You grant Zuora and all other persons or entities involved in the operation of the Zuora Community the right to transmit, monitor, retrieve, store, and use Your information in connection with the operation of the Zuora Community and in the provision of services to You. Zuora cannot and does not assume any responsibility or liability for any information You submit or Your third parties' use or misuse of information transmitted or received using website. To learn more about how we protect the privacy of the personal information in Your account, please visit our Privacy Policy. 4.4. If Zuora receives from You any information that is identifiable to an individual or when used in conjunction with another information, could identify an individual ("Personal Data"), then the following terms apply:

4.4.1. Automatically Collected, Transmitted and Stored Data. The Zuora Community is hosted on the Lithium Community Platform which may collect Personal Data from Your environment and automatically transmits to Lithium according to https://lithium.com/privacy. 4.4.2. The Zuora Community receives from Your environment at Your election, and stores on the Lithium Community Platform, without limitation, any content You post on Zuora's Community ("Stored Information"). Zuora's use of Stored Information is at Your election to provide You access to Zuora's Community and will not be transmitted to Zuora's server. You consent to the storage and processing of Personal Data on the Lithium Community Platform. 4.4.3. Technical Support. In the event that You provide information to Zuora in connection with a technical support request ("Technical Support Information"), such information will be processed and used by Zuora for the purpose of providing the requested technical support, including performing error analysis. 4.4.4. Sharing and Transfer. The Personal Information You provide to Zuora via Zuora Community may be accessible by Zuora's employees or contractors as reasonably necessary, exclusively to be used in furtherance of providing You access and use of Zuora Community ("Shared Information"). For the same purpose mentioned under Clause 1 of this Section 4.4.4, Zuora may share with suppliers that process such information on behalf of Zuora. 4.4.5. Consent from Users. OTHER THAN WITH RESPECT TO ANY STORED INFORMATION, YOUR AGREE NOT TO USE THE SERVICE TO COLLECT, MANAGE OR PROCESS PERSONAL DATA. ZUORA WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM YOUR USE OF THE ZUORA COMMUNITY TO COLLECT OR MANAGE PERSONAL DATA.

4.4.6. Disclosures to Law Enforcement. Subject to all applicable laws, Zuora will have the right to cooperate with any legal process and any law enforcement or other government inquiry related to Your use of the Zuora Community. This means that Zuora may provide documents and information relevant to a court subpoena or to law enforcement or other government investigation.

5. Indemnification

5.1. You agree to defend, indemnify and hold harmless Zuora, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to Your use or misuse of the Zuora Community, including, without limitation, Your violation of this Terms of Use, the infringement by You, or any other subscriber or user of Your account, of any intellectual property right or other right of any person or entity.

6. Termination

6.1. This Terms of Use is effective until terminated by either party. If You no longer agree to be bound by this Terms of Use, You must cease use of the Zuora Community. If You are dissatisfied with the Zuora Community, their content, or any of these terms, conditions, and policies, Your sole legal remedy is to discontinue using the Zuora Community. Zuora reserves the right to terminate or suspend Your access to and use of the Zuora Community, or parts of the Zuora Community, without notice, if we believe, in our sole discretion, that such use (i) is in violation of any applicable law; (ii) is harmful to our interests or the interests, including intellectual property or other rights, of another person or entity; or (iii) where Zuora have reason to believe that You are in violation of the Terms of Use.

7. Warranty Disclaimer

7.1. THE ZUORA COMMUNITY AND ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZUORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. ZUORA MAKES NO REPRESENTATIONS OR WARRANTY THAT THE ZUORA COMMUNITY WILL MEET YOUR REQUIREMENTS, OR THAT YOUR USE OF THE ZUORA COMMUNITY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZUORA MAKES ANY REPRESENTATION OR WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ZUORA COMMUNITY. ZUORA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ZUORA COMMUNITY OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE ZUORA COMMUNITY. 7.2. IN NO EVENT SHALL ZUORA OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THE ZUORA COMMUNITY, EVEN IF ZUORA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS TERMS OF USE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 7.3. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ZUORA COMMUNITY IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR BUSINESS INTERRUPTION THAT RESULTS FROM THE DOWNLOAD OF CONTENT. ZUORA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN OR APPEARING ON THE ZUORA COMMUNITY. YOUR PARTICIPATION IN THE ZUORA COMMUNITY IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZUORA OR THROUGH ZUORA, THEIR EMPLOYEES, OR THIRD PARTIES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ACKNOWLEDGE, BY YOUR USE OF THE ZUORA COMMUNITY, THAT YOUR USE OF THE ZUORA COMMUNITY IS AT YOUR SOLE RISK.

7.4. LIABILITY LIMITATION. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL ZUORA OR ANY OF THEIR AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE ZUORA COMMUNITY OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ZUORA COMMUNITY OR FOR ANY INFORMATION OBTAINED THROUGH THE ZUORA COMMUNITY , INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OR CORRUPTION OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ZUORA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. 7.5. ZUORA'S TOTAL CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS IN CONNECTION WITH THE ZUORA COMMUNITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ({0}00.00). YOU AGREE AND ACKNOWLEDGE THAT THE FOREGOING LIMITATIONS ON LIABILITY ARE AN ESSENTIAL BASIS OF THE BARGAIN AND THAT ZUORA WOULD NOT PROVIDE THE ZUORA COMMUNITY ABSENT SUCH LIMITATION.

8. General

8.1. The Zuora Community is hosted in the United States. Zuora makes no claims that the Content on the Zuora Community is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If You access the Zuora Community from outside the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. The provisions of the UN Convention on Contracts for the International Sale of Goods will not apply to these Terms. A party may give notice to the other party only in writing at that party's principal place of business, attention of that party's principal legal officer, or at such other address or by such other method as the party shall specify in writing. Notice shall be deemed given upon personal delivery or facsimile, or, if sent by certified mail with postage prepaid, 5 business days after the date of mailing, or, if sent by international overnight courier with postage prepaid, 7 business days after the date of mailing. If any provision herein is held to be unenforceable, the remaining provisions will continue in full force without being affected in any way. Further, the parties agree to replace such unenforceable provision with an enforceable provision that most closely approximates the intent and economic effect of the unenforceable provision. Section headings are for reference purposes only and do not define, limit, construe or describe the scope or extent of such section. The failure of Zuora to act with respect to a breach of this Terms of Use by You or others does not constitute a waiver and shall not limit Zuora's rights with respect to such breach or any subsequent breaches. Any action or proceeding arising out of or related to this Terms of Use or User's use of the Zuora Community must be brought in the courts of Belgium, and You consent to the exclusive personal jurisdiction and venue of such courts. Any cause of action You may have with respect to Your use of the Zuora Community must be commenced within one (1) year after the claim or cause of action arises. These Terms set forth the entire understanding and agreement of the parties and supersedes any and all oral or written agreements or understandings between the parties, as to their subject matter. The waiver of a breach of any provision of this Terms of Use shall not be construed as a waiver of any other or subsequent breach.

9. Links to Other Materials

9.1. The Zuora Community may contain links to sites owned or operated by independent third parties. These links are provided for Your convenience and reference only. We do not control such sites and, therefore, we are not responsible for any content posted on these sites. The fact that Zuora offers such links should not be construed in any way as an endorsement, authorization, or sponsorship of that site, its content or the companies or products referenced therein, and Zuora reserves the right to note its lack of affiliation, sponsorship, or endorsement on the Zuora Community. If You decide to access any of the third-party sites linked to by the Zuora Community, You do this entirely at Your own risk. Because some sites employ automated search results or otherwise link You to sites containing information that may be deemed inappropriate or offensive Zuora cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and You hereby irrevocably waive any claim against us with respect to such sites.

10. Notification Of Possible Copyright Infringement

10.1. In the event You believe that material or content published on the Zuora Community may infringe on Your copyright or that of another, please contact us at: Zuora, Inc. 3050 S. Delaware Street, Suite 301 San Mateo, CA 94403 650.641.3777legal@zuora.com